...Model Procedure was sufficiently certain to be enforced. The court distinguished between vague and structured mediation procedures, finding the latter enforceable due to their procedural clarity.[9] This approach was further...
...rules. These ad hoc rules are those sometimes found in BITs that delve into the appointing procedure of the tribunal and at times either outline a default procedure for the...
...as a waiver of the right to arbitrate. The ICC Rules for a Pre-arbitral Referee Procedure are new in that they introduce a special procedure for submitting claims for provisional...
...Law of 1994 notes that the choice of the seat of arbitration does not necessarily mean that all arbitral procedures have to take place within the geographic scope of this...
...absence of such a standard, Brazilian courts typically import the standards applicable to requests for provisional relief in ordinary civil actions under the Brazilian Civil Procedure Code (“CPC”).[11] As a...
Author: Claire Sheridan** Jurisdiction: International Topics: Powers of Arbitrators Arbitrators and Arbitral Tribunals Practice and Procedure In this TagTime episode, Professor Nayla Comair-Obeid† spoke with Professor Dr. Kabir Duggal and...
...namely, Section 69A of the Information Technology Act, 2000 (‘IT Act’)[15] read with the relevant provisions of the Information Technology (Procedure and Safeguards for Blocking of Access of Information by...
...section III). The Rules also contain provisions about arbitral procedure (see infra section IV). Finally, the Rules introduce innovations regarding an expedited arbitral procedure (see infra section V) and arbitrators’...
...of how the dispute between International Business Machines, Inc. (“IBM”) and Fujitsu Ltd. was resolved. The procedure followed in this case is an excellent example of how various Alternative Dispute...
...drafters of arbitral awards to ensure that the award is drafted in a well-structured, timely, and concise manner. A reasoned award normally starts with an overview of the arbitration procedure...
...to the seat’s civil procedure rules governing judicial proceedings. However, such rules may produce adverse effects in respect of arbitral proceedings, particularly as concerns speed, the desire to avoid the...
...of the ISDS clause amendment for the Kyrgyz Investments Law. The proposed amendments to Article 18 thereof read: Investment disputes shall be resolved in accordance with previously agreed procedures between...
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